Standby services within health institutions with a single medical specialist

The Operating Regulation of Inpatient Treatment Institutions, as outlined in Article 42, regulates duty services across four different categories: standby, normal, emergency and branch shifts. Sub-paragraph (A) stipulates that “Standby duty (on call at home): The medical specialists shall take shifts for standby duties in institutions where the number of specialists exceeds one but falls short of the requisite amount for standby duty. Monthly duty schedules shall be established. Specialists assigned to standby duty are tasked with addressing all institutional needs during after-hour periods, encompassing both administrative and medical requirements. These specialists must conduct evening rounds, report location whilst on standby, and promptly respond when summoned.”

Standby services would not be feasible in the presence a single medical specialist in the relevant field within a healthcare institution, as per Article 42 of Operating Regulation of Inpatient Treatment Institutions. Furthermore, we contend that such a requirement would contravene Article 50 of the Constitution regulating the “Right to Rest and Leisure”. It would be unreasonable to expect an individual to remain on duty for the entirety of a 30-day month, given the ordinary flow of life.